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(영문) 광주지방법원 2017.11.02 2017고정1242
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is that the Defendant operated the gold-type processing company C in Gwangju Northern-gu, and did not pay KRW 3,39,871 of the retirement allowances of retired workers D while working for the said company from August 20, 2014 to September 12, 2016, within 14 days from the date of retirement without agreement between the parties on the extension of the payment deadline.

2. The facts charged in the instant case are crimes falling under subparagraphs 1 and 9 of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits, and cannot be prosecuted against the victim’s explicit intent pursuant to the proviso to Article 44 of the same Act. Workers D withdrawn his/her wish to punish the Defendant after the instant indictment (see the written agreement submitted on October 30, 2017), and the indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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